Kaur

Kaur v. Ashcroft

Good Law
111 F. App'x 475
United States Court of Appeals for the Ninth CircuitSeptember 23, 2004No. 03-71496; Agency Nos. A77-831-117, A77-831-118California484 words

Opinion

Lead Opinion

MEMORANDUM **

Baljinder Kaur and her son, Pawandeep Singh, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence an adverse credibility finding, see Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000), and we grant the petition.

Contrary to the IJ’s finding, the record shows that the son corroborated his mother’s account of two arrests, as well as her testimony that police abuse caused Kaur’s father to be bedridden. See Gui v. INS, 280 F.3d 1217, 1225-28 (9th Cir.2002).

Second, although Kaur’s application did not mention her claim that she was twice raped by the station house officer (“SHO”) at the police station, it does state that she was “physically manhandled” and was threatened by the SHO who told her that he would arrest her…

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